(Huntsville, TN 2004-01-05) Accused murderer Andrew Sells was arraigned on first-degree murder charges in a Scott County courtroom Monday. Sells remains incarcerated in the Scott County Jail under a secure $500,000 bond.
Appearing before Scott County General Sessions Court Judge James L. (Jamie) Cotton, Jr., Sells, who remained silent, was informed by Judge Cotton of his right against self-incrimination and the potential punishment if convicted of the crime—a felony that could carrying a sentence of capital punishment. Cotton entered a "not guilty" plea on Sells behalf before appointing Leif Jeffers from the Public Defenders Office to represent him.
Sells, 24, of the Straight Fork Community is accused of murdering his first cousin, Charles Litton, age 28, on New Year’s Day inside his mobile home at 10422 Baker Highway in Pioneer.
In addition to the charge of first-degree murder, Sells was arraigned on a charge of possession of a controlled substance, identified as Valium, a Schedule IV controlled drug. Sells was also charged with possession of a firearm during the commission of a felony.
In the early morning hours of New Year’s Day authorities alleged that Sells shot and killed Litton while he sat on the couch inside Sell’s mobile home. In statements to local law enforcement following the shooting, Sells allegedly claimed he didn’t know why he had shot Litton, but that Litton had threatened to beat him up and cut him earlier in the night.
While autopsy results have not been made available, authorities alleged that Litton was shot multiple times in the head with a 30/30 Winchester lever-action rifle recovered from Sell’s 1993 Dodge Dakota pickup, a vehicle he attempted to use to leave the scene, but wrecked at the end of his driveway.
Among items taken from the crime scene were two spent bullets and two bullet fragments, along with three spent cartridges. Other weapons found at the scene included a sword and a knife.
HUNTSVILLE - Accused murderer Andrew Sells will face the Grand Jury on the charge of first degree murder, Judge James L. Cotton, Jr. ruled Wednesday (Feb. 4), following a 90-minute preliminary hearing in Sessions Court.
Sells, implicated in the New Year's Day shooting death of 28-year-old Charles Litton, made his first court appearance since he was charged with the murder in the days following the incident. At Wednesday's hearing, Tennessee Bureau of Investigation Special Agent Steve Vinsant, testifying for the state, gave a step-by-step walk-through of what he thought happened inside Sells' Baker Highway, Straight Fork, mobile home on the morning of the murder, based on statements allegedly given to Agent Vinsant and Scott County Sheriff's Department Chief Detective Robby Carson by Sells.
Agent Vinsant testified that upon arriving at Sells' residence, he and Chief Detective Carson found the victim lying face-down on a couch in the living room, with what appeared to be "two to three" gunshot wounds to the head. A preliminary autopsy later revealed four gunshot wounds to the head.
Sells, who was interviewed by Agent Vinsant and Chief Detective Carson three times over a period of five days before being formally charged with first degree murder, allegedly told investigators that he and some friends, including the victim, had been drinking beer and vodka at the Straight Fork residence on New Year's Eve. Agent Vinsant testified that Sells told him that after leaving the residence to drive around, the individuals returned home in the early morning hours of January 1, at which point everyone but Sells and Litton, who also resided at the residence, left the home. Agent Vinsant testified that Sells told investigators that the victim began sharpening a "Bowie knife" and said that he was going to beat him up and stab him. A wheststone was recovered from the living room area by investigators but the knife was never recovered, according to Agent Vinsant's testimony.
Agent Vinsant testified that Sells' friends had hidden his weapons earlier in the evening because Sells had been threatening to commit suicide. At some point after Sells had gone to bed, according to Agent Vinsant's recount of Sells' statements, the victim entered the bedroom and threw Sells' Winchester 30-30 rifle - the gun believed by investigators to have been used in the shooting - onto the bed.
Sells stated to investigators that he was "very afraid" of the victim, Agent Vinsant testified. After Litton left the bedroom, Sells loaded the rifle and followed him into the living room. Agent Vinsant testified that the victim was sitting on the couch, turned slightly away from Sells, when Sells fired one round from the rifle from the entrance to the living room. Agent Vinsant said Sells told investigators that he remembered entering the living room and firing one more round, but that he couldn't remember firing more than once more.
Autopsy reports, according to the testimony given by Agent Vinsant, showed that the victim had been shot four times in the head. The first shot, according to the report, was fired from a "distance" away, while the second and third shots were fired at "close range." The fourth shot, according to the report, was fired with the gun making contact or almost making contact with the victim's temple.
During cross-examination by Sells' attorney, Public Defender Lief Jeffers, Agent Vinsant said only three bullets and three spent shell casings were recovered by investigators.
According to Agent Vinsant's testimony, Sells told investigators that he went back to the bedroom following the shooting, where he attempted to shoot himself with the same rifle. It would not fire at that time, Agent Vinsant testified, but later discharged after Sells had pointed it away from himself. At that point, according to Agent Vinsant's testimony, Sells took "several Zantac pills" in another attempt to take his life and left the home, presumably to go to his grandfather's house.
Sells allegedly told investigators that because the windows on his black Dodge pickup were fogged up, he wrecked the vehicle near the entrance of his driveway, and so he got out and walked to his grandfather's residence. Authorities were notified of the incident shortly thereafter.
During cross-examination, Jeffers portrayed the incident as the result of a person being threatened and fearing for his life. Agent Vinsant testified that Sells appeared to be trying to be truthful during the interviews conducted by himself and Chief Detective Carson and that he made no attempt to escape at any time.
Jeffers pointed out Sells' small physical stature and asked Agent Vinsant if Sells had made any reference to previous problems between himself and the victim. Agent Vinsant testified that Sells had told him that there had been problems before and that "the victim was a very mean and aggressive individual."
Agent Vinsant testified that Sells "verbalized that he was upset" and that he couldn't believe he had done something like that "to his cousin." However, Agent Vinsant testified, his body language and demeanor did not match his statements.
At the conclusion of the hearing, which also included testimony from Scott County Sheriff's Department Chief Deputy Marty Carson on drug charges from some months prior to the incident, Judge Cotton said that he found probable cause to bind the case over to the Grand Jury. Sells will face the Grand Jury on charges of first degree murder, possession of a Schedule IV Controlled Substance and possession of a firearm in the commission of a crime. The Grand Jury is scheduled to convene for its first session of 2004 on March 15.
Judge Cotton also reduced Sells' bail to $250,000, substantially less than the $500,000 originally set and recommended by Assistant District Attorney General Sarah Davis to remain the same, but more than the $100,000 asked for by Jeffers.
STRAIGHT FORK - A 28-year-old Scott County man is dead and his 24-year-old cousin has been charged with first degree murder in a predawn shooting at a mobile home here on New Year's Day (Thursday), according to the Scott County Sheriff's Department.
Chief Detective Robby Carson told the Independent Herald that Andrew Sells, 24, of 10422 Baker Hwy., Straight Fork, has been charged with murder in the shooting death of Charles Litton, 28. He is being held in the Scott County Jail in lieu of $500,000 bond.
The shooting is believed to have occurred around 4:30 a.m. at the suspect's home. The residence is located just west of the Straight Fork Community Center. The Scott County Sheriff's Department was notified of the discovery of the body by passersby at 4:44 a.m., and the first officers arrived on the scene within minutes.
Chief Detective Carson, who is handling the investigation for the Sheriff's Department, arrived on the scene at 5:22 a.m., where he found the victim lying face down on the couch in the living room. It was later determined that Litton had been shot three times in the head at close range with a 30-30 Winchester lever action rifle.
The mobile home was secured and the TBI was called to assist in the investigation. A search warrant was subsequently obtained from Warner Riggins, a judicial commissioner for Scott County Sessions Court Judge James L. Cotton, Jr., and Chief Det. Carson and TBI Agent Steve Vinsant arrived back at the scene at 9:50 a.m., at which time they launched their investigation.
Meanwhile, Sells, the suspect in the shooting, had been taken into custody at a nearby residence and was booked into the Scott County Jail on a charge of criminal homicide - a charge which was later upgraded to first degree murder.
Sheriff Jim Carson, interviewed briefly at the scene Thursday morning, told the Independent Herald that the weapon believed to have been used in the fatal shooting had been recovered from a 1993 Dodge Dakota pickup, registered to Sells, which was found wrecked at the end of the driveway leading to Sells' residence.
Agent Vinsant and Det. Carson completed their investigation and emerged from the mobile home at 11:05 a.m., at which time they called for an ambulance. The body was placed in a body bag and removed from the scene at 11:22 a.m. It was taken first to Scott County Hospital for an examination by the county medical examiner, Dr. Maxwell Huff. Later, the body was taken to the University of Tennessee in Knoxville for an autopsy.
Sells was arraigned Monday morning before Sessions Court Judge James L. Cotton, Jr., on the first degree murder charge as well as on charges of possession of a Schedule IV controlled substance (Valium), and possession of a firearm in the commission of a felony. Judge Cotton appointed District Public Defender Leif Jeffers to represent Sells.
According to the arrest warrant, which was filed in Scott County Circuit Court Clerk Jan Burress' office Friday morning, Sells allegedly told investigators that he had shot Litton "while he was sitting on the couch," adding that Litton had previously come into Sells' bedroom "and told him he would beat him and cut him." Sells also reportedly told investigators that he "saw no knife on Litton, and none was found by investigators in Sells' truck, which Sells had wrecked in the ditch after the shooting when Sells was trying to flee to his grandfather's home."
Among the several items seized by officers in their search of the mobile home were three 30-30 cartridge cases, two 30-30 live rounds, a partial box of 30-30 bullets, four boxes of 30-30 ammunition, a sword and a knife. Two bullet fragments and two fired bullets were also recovered from the residence, according to the search warrant which has been filed in the Circuit Court Clerk's Office.
An affidavit signed by Det. Carson and TBI Agent Vinsant (which was part of the search warrant they obtained) details the discovery of the body in the early hours of the morning on January 1. The affidavit states that a passerby who knew Sells saw his pickup truck wrecked in a ditch at the end of the driveway and went to the residence to see if Sells needed help. From the front door of the mobile home, he stated he saw a man on the couch with blood on his head, whereupon he left the scene and drove to a nearby residence to notify the authorities.
Funeral services for Charles Aaron Litton were held Sunday evening at the chapel of Four Oaks Funeral Home in Oneida with Bro. Harold Ross officiating. Burial followed Monday morning at the Phillips Cemetery in the Pine Hill Community.
Litton is survived by his father, Sherman Litton and wife Kathy of Oneida, and his mother, Brenda Saffrhan and husband Robert of North Carolina. Other survivors include three brothers: John Litton, Matthew Litton and Daron Terry, all of Oneida; three sisters: Carrie Litton of Beckly, W. Va., Stacy Barnes of Oneida, and Holly Greene of Georgia; grandparents: Lucille German of Elgin, Doris Sexton of Oneida, and D.T. and Cleo Gibson of Straight Fork; and a great-grandfather: Finley Carroll of Oliver Springs.